Out with the Old and In with the New – A New Era for Planning Consent in Wales.
Written by Anna Collins, Senior Account Director
New infrastructure projects are set to form the backbone of Wales’ growth over the next 15+ years.
Recent analysis from Marine Energy Wales estimates that by 2035, renewable energy projects alone are set to attract upwards of £46.8 billion in investment – a transformation that could drive long-term economic growth, create thousands of jobs, and invigorate Welsh communities. With the introduction of the Infrastructure Wales Act 2024, the planning system is seeking to respond to this growing demand.
As such, a new era of streamlined planning consent is upon us, with the Welsh Government eager to make it easier for large-scale infrastructure projects to gain approval and attract sustainable investment. This new regime for Significant Infrastructure Projects promises to simplify and speed up the delivery of essential infrastructure.
Exciting times lie ahead for developers, but what does this mean in practical terms? What challenges remain, and how will it inform the way we approach consultation?
Understanding the Planning System in Wales
The planning system in Wales is undergoing a significant transformation. The Infrastructure Wales Act 2024 will replace the Developments of National Significance (DNS) regime with a new consenting procedure for Significant Infrastructure Projects (SIPs).
This new process seeks to consolidate the fragmented model into a streamlined ‘one-stop shop’. The Act, introduced in 2024 and set to be enacted in 2025, aims to make the planning system more responsive to the growing need for infrastructure, particularly in the renewable energy sector.
Potential Challenges in the New System
So, what does this mean for infrastructure planning? Despite the intended benefits of the new planning regime, several challenges remain:
- Bureaucratic delays and resource constraints: Statutory bodies will need adequate resources and staffing to navigate the new requirements. As the volume of applications rapidly increases under the new regime, statutory bodies will scramble to find these resources – especially against the backdrop of 15 years of historical underinvestment.
- Regulatory Uncertainty: The Act doesn’t cover new technologies like hydrogen and carbon capture, potentially subjecting these projects to the TCPA process and local authority assessments. This is where Welsh ministers may use discretionary powers when applying the new act. Some projects may also still fall under the DCO route managed by the Planning Inspectorate.
Strategies to Overcome Planning Challenges – A Practical Approach to Consultation
To navigate these challenges, developers can adopt several practical strategies in their approach to engagement and consultation as we transition to the new regime:
- Effective Pre-Application Consultation: Engaging all stakeholders early in the process can alleviate pressures related to capacity and application volume. For instance, involving NRW during the preliminary opinion phase can provide valuable preliminary input and help proactively address potential issues early in the application process. The Act also requires developers to notify of their intention to submit an application for an SIP and undertake pre-application consultation with the local community and statutory consultees. This early engagement should help explain the new planning process and highlight where and how the community can have their say.
- Transparent Public Consultation: Under the new regime, public consultation should be transparent, consistent, rigorous, and empower local communities and stakeholders to shape decisions. The latest consultation paper proposes that Local Planning Authorities (LPAs) should play an active role in advising on the proposed approach to consultation. At a minimum, LPAs should be provided with:
- The history of a proposed development site.
- An indication of local issues and concerns relating to the development.
- Details of any potential statements of common ground.
- Information on how stakeholders and communities potentially impacted by a development can access information and have their say.
Adopting a Statement of Community Consultation (SoCC) will be required to demonstrate how and where the community will be consulted in the application process.
- Strategic Project Positioning: Launching projects thoughtfully into the public domain will be crucial given the trajectory of growth in this space. Clear communication about project constraints and complex technologies will be essential to help reduce possible anxieties from community members. Early dialogue with neighbouring developers can help reduce confusion about overlap and cumulative impacts when launching a project into the public arena.
Ultimately, the new planning system represents a significant shift towards a more streamlined and efficient process for approving large-scale infrastructure projects in Wales. As further papers are published, we will gain a better understanding of exactly how the new regime will operate and its full impacts on the application process. By understanding and anticipating potential challenges early on, we can apply practical strategies to offset these teething issues, ensuring developers can navigate this transition effectively and with ease.
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